Free Status Report - District Court of Colorado - Colorado

Case 1:04-cv-00435-REB-MJW

Document 47

Filed 11/08/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-RB-0435-MJW JON F. MCCLELLAND, on behalf of himself and all persons similarly situated, Plaintiff, v. DIRECTV, INC., et al. Defendants.

DIRECTV'S STATUS REPORT _______________________________________________________________________ Defendants DIRECTV, Inc., Hughes Electronics Corporation, General Motors Corporation, Yarmuth Wilsdon Calfo, PLLC, Greer, Herz, & Adams, L.L.P., Stump, Storey, Callahan & Dietrich, P.A., DIRECTV End User Development Group, DIRECTV End User Recovery Project, LLC, Secure Signals International, McGinnis Group International, LLC, The News Corporation, Ltd., and Fox Entertainment Group, Inc. (hereinafter referred to collectively as "DIRECTV") hereby submit a Status Report pursuant to this Court's November 16, 2006 Order. On November 16, 2006, this Court denied plaintiff's Motion for Vacating or Modification of the Order granting DIRECTV's Motion to Compel this dispute to arbitration pursuant to the parties' arbitration agreement. Pursuant to that Order, plaintiff was ordered for the second time to proceed to arbitration under the terms of the agreement between plaintiff and DIRECTV. Nearly a year has passed since this Court's Order and plaintiff has not complied with this Court's Order by proceeding to arbitration. Plaintiff has not even attempted to re-institute the arbitration proceeding to DIRECTV's knowledge. In light of plaintiff's failure to re-institute the arbitration proceedings in accordance with this Court's Order, it is evident that plaintiff does not intend to

Case 1:04-cv-00435-REB-MJW

Document 47

Filed 11/08/2007

Page 2 of 3

pursue its claims in the manner required. Accordingly, DIRECTV requested in its Status Report dated July 10, 2007, that this Court dismiss plaintiff's action sua sponte for failure to prosecute or that it temporarily lift the pending stay so that DIRECTV could seek dismissal of this action for failure to prosecute. On July 12, 2007, this Court issued an Order construing DIRECTV's July 10, 2007 Status Report as a Motion to Lift the Stay in this matter and ordered Plaintiff to file a response to this pleading subject to the deadlines provided in D.C.Colo.L.Civ.R. 7.1C. Plaintiff never filed a response to the Motion to Lift the Stay and the deadline has long since passed. Accordingly, Plaintiff has consented to the Motion being granted. In light of Plaintiff's continued refusal to comply with this Court's Orders, and its failure to prosecute this matter in accordance with this Court's Orders, DIRECTV respectfully requests that this Court dismiss this action for failure to prosecute.

2

Case 1:04-cv-00435-REB-MJW

Document 47

Filed 11/08/2007

Page 3 of 3

Dated: November 8, 2007

Respectfully Submitted, By s/ Michael E. Williams Michael E. Williams QUINN EMANUEL URQUHART OLIVER &HEDGES, LLP 865 South Figueroa Street, 10th Floor Los Angeles, California 90017-2543 Telephone: (213) 624-7707 Facsimile: (213) 624-0643

By____s/ John A. DeSisto John A. DeSisto FEATHERSTONE PETRIE DESISTO LLP 600 17th Street, Suite 2400 Denver, Colorado 80202 Phone: (303) 626-7100 Attorneys for Defendants DIRECTV, Inc.; Hughes Electronics Corporation; General Motors Corporation; Yarmuth Wilsdon Calfo, PLLC, Greer, Herz, & Adams, L.L.P.; Stump, Storey, Callahan & Dietrich, P.A.; DIRECTV End User Development Group; DIRECTV End User Recovery Project, LLC; Secure Signals International; McGinnis Group International, LLC; The News Corporation, Ltd.; and Fox Entertainment Group, Inc. CERTIFICATE OF SERVICE I hereby certify that on November 8, 2007, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system, which will send notification of such filing to the following e-mail addresses:

Jeffrey Wilens Lakeshore Law Center [email protected]

s/ John A. DeSisto

3